IDEAS home Printed from https://ideas.repec.org/p/pra/mprapa/94792.html
   My bibliography  Save this paper

Sharia banking standard law

Author

Listed:
  • Putra, Adhitya

Abstract

The adoption of a standard agreement from the beginning of its birth has caused controversy both concerning the existence and validity of standard contracts. The Civil Code does not specifically regulate standard agreements. This writing focuses on two issues, namely the validity of the agreement with the standard clause related to sharia principles and the consequences of the law lacking the principle of freedom of contract. This research is normative research that refers to legislation and jurisprudence using legal materials both primary and secondary. The legal material was collected through library studies and then analyzed qualitatively. This study concludes: first, the agreement with conventional standard clauses is no longer questioned whether the agreement is valid or not, but more importantly, the fairness of the contents of the standard clause and in the standard sharia contract tend to result in injustice. Second, normatively there are no legal consequences due to the absence of freedom of contract in the agreement.

Suggested Citation

  • Putra, Adhitya, 2019. "Sharia banking standard law," MPRA Paper 94792, University Library of Munich, Germany, revised 02 Jul 2019.
    • Handle: RePEc:pra:mprapa:94792
    as

    Download full text from publisher

    File URL: https://mpra.ub.uni-muenchen.de/94792/1/MPRA_paper_94792.pdf
    File Function: original version
    Download Restriction: no
    ---><---

    More about this item

    Keywords

    Keywords: Civil Law; Standard Contracts; Sharia Principles;
    All these keywords.

    JEL classification:

    • A11 - General Economics and Teaching - - General Economics - - - Role of Economics; Role of Economists
    • B41 - Schools of Economic Thought and Methodology - - Economic Methodology - - - Economic Methodology
    • G21 - Financial Economics - - Financial Institutions and Services - - - Banks; Other Depository Institutions; Micro Finance Institutions; Mortgages
    • H50 - Public Economics - - National Government Expenditures and Related Policies - - - General

    NEP fields

    This paper has been announced in the following NEP Reports:

    Statistics

    Access and download statistics

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:pra:mprapa:94792. See general information about how to correct material in RePEc.

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    We have no bibliographic references for this item. You can help adding them by using this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: Joachim Winter (email available below). General contact details of provider: https://edirc.repec.org/data/vfmunde.html .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.